SIMPSON et al v. SANDERSON FARMS INC et al

Filing
61

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
VALDOSTA DIVISION
MELISSA SIMPSON and
SABRINA ROBERTS on behalf of
themselves and all those similarly
situated,
Civil Action No. 7:12-CV-28 (HL)
Plaintiffs,
v.
SANDERSON FARMS, INC., PERRY
HAUSER, JEFF BLACK, DEMISHIA
CROFT, ARISTIDES CARRAL-GOMEZ,
JANIE PERALES, KARINA FONDON,
and JENNIFER HARRISON BUSTER,
Defendants.
ORDER
Currently pending in this case is a Motion to Dismiss (Doc. 41) filed by
Defendants Sanderson Farms, Inc., Perry Hauser, Jeff Black, Demishia Croft,
and Jennifer Harrison Buster. Discovery in the case has been stayed until the
Court rules on the motion.
In their motion, Defendants rely in large part on the case of Walters v.
McMahen, 795 F.Supp.2d 305 (D.Md. 2011), where the district court granted a
Rule 12(b)(6) motion to dismiss in a RICO case against a poultry processing
plant. The Court has closely reviewed Walters, which involves many of the same
claims present in the pending case. In fact, the complaint which was dismissed in
Walters includes some of the exact same language being challenged by
Defendants in this case, which is not surprising as the same attorneys represent
the plaintiffs in both cases. Walters is currently pending on appeal before the
Fourth Circuit. Oral argument was held in May of 2012. The Court finds it prudent
to see what the Fourth Circuit decides in Walters before moving forward with a
ruling on Defendants’ motion. Thus, this case is stayed in its entirety until further
order of the Court.
SO ORDERED, this the 27th day of June, 2012.
s/ Hugh Lawson
HUGH LAWSON, SENIOR JUDGE
mbh

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